ByLawyers News and Updates

Family Law Act – FED

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Changes to the Family Law Act 1975 (Cth) under the Family Law Amendment Act 2024 have effect from 10 June 2025.

The bulk of the amendments relate to property matters, including:

  • significant changes to s 79 of the Act by codifying the four-step process and bringing the s 75(2) considerations into s 79;
  • introducing a new s 79(5) concerning material wastage of assets by one party and the treatment of liabilities;
  • new principles for conducting proceedings;
  • adding the pre-action disclosure obligations in the FCFCOA’s rules into the Family Law Act;
  • requiring greater consideration of the impacts of family violence on property division, including introducing a new 79(4)(ca) relating to the effect of family violence on a party’s ability to make contributions to the marriage, and adding examples under the definition of family violence of economic or financial abuse;
  • a new s 79AA making property orders enforceable against the estate of a deceased party;
  • a new definition of companion animals and the ability for the court to make orders about ownership of them, including transfer to a third party;
  • extension of the Less Adversarial Trial process to property cases in certain circumstances;
  • expanding the court’s power to order arbitration.

Amendments that are not specific to property cases include:

  • repealing ss 44(1B) and 44(1C) to remove the limitation on divorce orders within 2 years of marriage;
  • the requirement for an appearance at a divorce hearing by a sole applicant where there are children under 18 years;
  • updating the costs provisions in the Act by introducing a new Part XIVC and repealing ss 117, 117AA, 117AC, 117C(2);
  • more comprehensive regulation of children’s contact services;
  • introducing a new Division 1B in Part XI, being a scheme to protect sensitive information held by professional service providers.

The By Lawyers Property Settlement and 101 Family Law Answers publications have been updated accordingly.

Some changes under the amending Act commenced on 11 December 2024. They related to Commonwealth Information Orders in children proceedings, and separation declarations relevant to financial agreements. The Children and Financial Agreements commentaries have already been updated for those changes.

In the course of these updates, all the By Lawyers Family Law publications have been thoroughly reviewed and enhanced. Subscribers will notice new and revised commentary, re-ordering of content in the commentaries and on the matter plans, new and amended precedents, new cases, and updated links to legislation and other useful resources. As always, we welcome feedback from our users about these publication updates to: askus@bylawyers.com.au

Domestic violence leave – FED

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Family and domestic violence leave entitlements are extended to small business employees from 1 August 2023.

Under the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 paid leave replaced the previous entitlement to unpaid leave for all non-small business employees from 1 February 2023. That entitlement is now extended to small business employees, so it covers everyone. A small business is one with less than 15 employees.

Full-time, part-time, and casual employees are entitled to 10 days of paid family and domestic violence leave in every 12-month period of employment. It is not calculated on a pro-rata basis for casual employees and is all available up-front, which means a new employee has an immediate entitlement to the full ten days. The leave does not accumulate if not taken.

The leave can be taken for any purpose relating to the impact of family and domestic violence, which might include relocating, attending court, or attending medical, legal, counselling, and financial advice appointments.

Employers cannot include information in an employee’s pay slip identifying the type of leave paid.

Family and domestic violence is defined as violent, threatening, or other abusive behaviour by an employee’s close relative, current or former intimate partner, or a member of their household that both seeks to coerce or control them and causes them harm or fear.

The leave can be taken during a period of personal or carer’s leave, or annual leave.

The notice and evidence requirements of s 107 of the Fair Work Act 2009 apply, including the requirement for the employer to maintain confidentiality: s 106C.

See the Fair Work Ombudsman website for more information.

The By Lawyers Employment Law publication has been updated accordingly.

Domestic violence – QLD

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The By Lawyers Domestic Violence (QLD) publication has been reviewed. The matter plan has been revised and re-ordered for better workflow and searchability.

New or enhanced sections of commentary include:

  • Police applications for temporary protection orders and Police protection notices;
  • Interaction with family law orders;
  • Negotiating orders;
  • First return date;
  • Consent orders;
  • Subpoenas;
  • Withdrawing an application;
  • Variation of orders;
  • Breaches;
  • The National Domestic Violence orders Scheme; and
  • Appeals.

Additional links to relevant sections of the Domestic and Family Violence Protection Act 2012 have been inserted in the commentary. There are also links to the rules and to other relevant legislative instruments, such as the Acts Interpretation Act 1954 (Qld) which defines ‘spouse’ to include both a de facto partner and a registered partner.

This review is part of By Lawyers’ ongoing commitment to updating and enhancing our publications.

Duration of orders – ADVOs – NSW

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The duration of orders for apprehended domestic violence (ADVOs) provided for in the Crimes (Domestic and Personal Violence) Act 2007 has been amended.

From 28 March 2020 the default duration of orders increases to 2 years for adult defendants. It remains 12 months for a defendant who was under 18 years of age at the time the application was first made.

Longer periods can apply if the court considers it necessary. Final orders can be for any period, including an indefinite period.

Unless the court specifies a different period, an order remains in force for the default period under s 79A of the Act. The parties can agree on a different period and the court can make such an order by consent.

Section 79A also sets out the matters to which the court is to have regard when deciding on the period of an order.

See Duration of orders in the commentary in the By Lawyers Apprehended Violence Order guide, within the NSW Criminal – Local Court publication, for further detail.

Employment Law – Domestic violence leave

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From 1 August 2018 all employees under modern awards – full-time, part-time and casual – have an entitlement to 5 days unpaid leave to deal with family or domestic violence issues.

The Fair Work Commission decided in their four-yearly review to add a new model term into all modern awards. The Full Bench concluded that:

…retaining employment is an important pathway out of violent relationships. Conversely, a lack of financial security has an adverse impact on the ability to recover from family and domestic violence. Absent an entitlement to unpaid family and domestic violence leave, employees will be reliant on the goodwill of their employer to obtain the leave necessary to deal with the various issues arising from family and domestic violence while remaining in employment.

The model clause will allow unpaid leave for family or domestic violence reasons which are defined as… violent, threatening or other abusive behaviour by a family member that seeks to coerce or control the employee and that causes them harm or to be fearful.

The unpaid leave may be taken for such reasons as to make safety arrangements for the employee or a family member, to attend court, or to access police services.

Employees are not required to access paid holiday or sick leave first before taking the unpaid domestic violence leave.

The leave is available in full at the start of each 12-month period of the employee’s employment, does not accrue and is available to full-time, part-time and casual employees.

Our Employment Law guide has been updated.

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